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High Court of DelhiCRL.M.C./408/2024

Tarun Ratta & ANR. v. State Of NCT Of Delhi Through Sho & ANR.

2024-01-18Hon'Ble Mr. Justice Navin Chawla2 pages

$~117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 408/2024 TARUN RATTA & ANR.

..... Petitioners Through:

Mr.Sunil Kumar, Mr.Ankit Dixit, Mr.Surender Kumar & Mr.Piyush Sharma, Advs. with petitioners in person.

versus STATE OF NCT OF DELHI THROUGH SHO & ANR.

..... Respondents Through:

Mr.Sanjeev Sabharwal, APP.

SI Manjit Singh, PS Kirti Nagar.

Legal Heirs of respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.01.2024 CRL.M.A. 1572/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 408/2024 & CRL.M.A. 1571/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of the FIR No. 207/2016 registered at Police Station: Kirti Nagar, West Delhi under Sections 323/341/451/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') and the proceedings emanating thereform. 3.

Issue notice.

4.

Notice is accepted Mr.Sanjeev Sabharwal, learned APP on behalf of the State.

5.

The learned counsels for the parties submit that the parties are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 12:03:41

family members and have amicably resolved their inter se disputes and have entered into a Memorandum of Family Settlement dated 23.03.2023.

6.

The Legal Heirs of the complainant (since deceased)/respondent no.2 are personally present in Court and have been duly identified by the IO.

7.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, in view of the principles enunciated by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, I find that no useful purpose would be served in continuing with the criminal proceedings as it would be an unnecessary burden on the State exchequer and continuation of further proceedings in the FIR might create further acrimony between the parties.

8.

Accordingly, FIR No. 207/2016 registered at Police Station: Kirti Nagar, West Delhi under Sections 323/341/451/506/34 of the IPC, along with all other proceedings emanating therefrom, are quashed.

9.

The petition is allowed in the above terms. The pending application is disposed of as being rendered infructuous. NAVIN CHAWLA, J JANUARY 18, 2024/rv/AS Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 12:03:41